Utah § 67-19d-302 State treasurer to follow "prudent investor" rule -- Standard of care.

Utah Statutes

§ 67-19d-302 — State treasurer to follow "prudent investor" rule -- Standard of care.

Utah·Title 67 State Officers and Employees·Ch. 67-19d State Post-Retirement Benefits Trust Fund Act·Part 67-19d-3 Trust Fund Investments

(1)The state treasurer shall invest and manage the trust fund assets as a prudent investor would, by:

(1)(a) considering the purposes, terms, distribution requirements, and other circumstances of the trust fund; and

(1)(b) exercising reasonable care, skill, and caution in order to meet the standard of care of a prudent investor.

(2)In determining whether or not the state treasurer has met the standard of care of a prudent investor, the judge or finder of fact shall:

(2)(a) consider the state treasurer's actions in light of the facts and circumstances existing at the time of the investment decision or action, and not by hindsight; and

(2)(b) evaluate the state treasurer's investment and management decisions respecting individual assets:

(2)(b)(i) not in isolation, but in the context of

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(1) The state treasurer shall invest and manage the trust fund assets as a prudent investor would, by:

(1)(a) considering the purposes, terms, distribution requirements, and other circumstances of the trust fund; and
(1)(b) exercising reasonable care, skill, and caution in order to meet the standard of care of a prudent investor.
(2) In determining whether or not the state treasurer has met the standard of care of a prudent investor, the judge or finder of fact shall:

(2)(a) consider the state treasurer's actions in light of the facts and circumstances existing at the time of the investment decision or action, and not by hindsight; and
(2)(b) evaluate the state treasurer's investment and management decisions respecting individual assets:
(2)(b)(i) not in isolation, but in the context of a trust fund portfolio as a whole; and
(2)(b)(ii) as a part of an overall investment strategy that has risk and return objectives reasonably suited to the trust fund.

Utah § 67-19d-302 (State treasurer to follow "prudent investor" rule -- Standard of care.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.